Court of Civil Appeals of Texas, 2008

Desharn White, Mickey Gerald, Jr., and All Other Occupants v. US Bank National...

Desharn White, Mickey Gerald, Jr., and All Other Occupants v. US Bank National...
Court of Civil Appeals of Texas · Decided September 19, 2008

Desharn White, Mickey Gerald, Jr., and All Other Occupants v. US Bank National...

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00078-CV ______________________________

DESHARN WHITE, MICKEY GERALD, JR., AND ALL OTHER OCCUPANTS, Appellants V. US BANK NATIONAL ASSOCIATION TRUSTEE FOR THE HOLDERS OF MASRT ADJUSTABLE MORTGAGES TRUST 2007-HF2 IN A SECURITIZATION, Appellees

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court No. CC-08-4295-L

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Desharn White, Mickey Gerald, Jr., and all other occupants of 1443 Driftwood Land, Cedar Hill, Texas, appellants, filed their notice of appeal June 12, 2008.1 Appellants have not filed a docketing statement with this Court, nor have they paid a filing fee or made any claim of indigency. See TEX . R. APP . P. 32. There is nothing in the record to indicate appellants have made any effort to have either the clerk's record or reporter's record filed with this Court, and they have not filed a brief. On August 25, 2008, we contacted appellants by letter, giving them an opportunity to cure the various defects, and warning them that, if we did not receive an adequate response within ten days, this appeal would be subject to dismissal for want of prosecution. See TEX . R. APP . P. 42.3(b), (c).

The letter addressed to appellant Mickey Gerald, Jr., came back as undeliverable, and we have received no communication from the other appellants. Pursuant to Rule 42.3(b) of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See TEX . R. APP . P. 42.3(b).

Josh R. Morriss, III Chief Justice Date Submitted: September 18, 2008 Date Decided: September 19, 2008 This appeal was transferred to this Court pursuant to the Texas Supreme Court's docket equalization program.

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